XN000022-1985-08-07 — Page 4

WEDNESDAY, AUGUST 7, 1985

+PROBLEMS NOT PECULIAR TO COMMERCIAL CRIMES TRIALS+

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THE PROBLEMS INVOLVED IN THE TRIAL OF COMPLEX COMMERCIAL CRIMES WERE NOT NECESSARILY PECULIAR TO THIS CATEGORY OF CRIME BUT WERE SPECIALLY HIGHLIGHTED IN COMMERCIAL CRIME CASES, ACCORDING TO A PRELIMINARY EXAMINATION CARRIED OUT BY THE SELECT COMMITTEE NOMINATED ON MAY 28.

THIS WAS STATED TODAY BY THE CHAIRMAN OF THE SELECT COMMITTEE, THE HON PETER C. WONG, WHEN TABLING THE REPORT BEFORE THE LEGISLATIVE COUNCIL.

IN THE LIMITED TWO MONTHS' TIME FROM MAY 28, UNTIL THE FINAL MEETING OF THIS LEGISLATIVE COUNCIL SESSION TODAY, WHEN A SELECT COMMITTEE IS AUTOMATICALLY DISSOLVED UNDER STANDING ORDER NO. 61(5), THE COMMITTEE HAD NOT BEEN ABLE TO COMPLETE ITS TASK, MR WONG SAID.

BUT IT HAD BEEN ABLE TO EXAMINE AT SOME LENGTH TWO KEY QUESTIONS ON WHAT CONSTITUTED A COMPLEX COMMERCIAL CRIME, AND ON THE PROBLEMS AND DIFFICULTIES INVOLVED IN THE TRIAL OF COMPLEX COMMERCIAL CRIMES.

IN DOING SO, THE COMMITTEE RECOGNISED THE DIFFICULTY INHERENT IN SEEKING TO PROVIDE A DEFINITION OF A COMPLEX COMMERCIAL CRIME, ALTHOUGH IT WAS OF THE VIEW THAT IT SHOULD PROVE POSSIBLE TO IDENTIFY THE ESSENTIAL INGREDIENTS OF SUCH AN OFFENCE.

+FROM THE EVIDENCE RECEIVED SO FAR, WE ARE OF THE OPINION THAT THE PROBLEMS INVOLVED IN THE TRIAL OF COMPLEX COMMERCIAL CRIMES ARE NOT NECESSARILY PECULIAR TO THIS CATEGORY OF CRIME, BUT AS A MATTER OF DEGREE, THESE PROBLEMS ARE SPECIALLY HIGHLIGHTED IN COMMERCIAL CRIME CASES.

+SUCH PROBLEMS RAISE IN PARTICULAR THE QUESTION OF THE INVESTIGATION OF THE FACTS BEFORE CHARGE, THE NEED FOR SEARCHING PRE-TRIAL REVIEWS TO ELIMINATE UNNECESSARY ISSUES, AND THE EFFICIENT PRESENTATION OF ACTS AND ARGUMENTS IN COURT.

+WE HAVE NOT, HOWEVER, REACHED A DEFINITIVE CONCLUSION ON THESE MATTERS BECAUSE OF THE LIMITED TIME AVAILABLE TO THE COMMITTEE AND BECAUSE A NUMBER OF SUBMISSIONS HAVE YET TO COME, MR WONG SAID.

POINTING OUT THAT UNDER STANDING ORDER NO. 61 (4), THE COMMITTEE WAS REQUIRED TO MAKE A REPORT EVEN THOUGH IT HAD NOT COMPLETED ITS ENQUIRY, MR WONG SAID: +ALTHOUGH NO FINAL CONCLUSION HAS YET BEEN REACHED, OUR PRELIMINARY ENQUIRY HAS BEEN ENCOURAGING AND PRODUCTIVE.

+WE BELIEVE IT WOULD SERVE AS A USEFUL STARTING POINT FOR THE NEXT SELECT COMMITTEE.+

THE SELECT COMMITTEE HAD BEEN APPOINTED BY THE COUNCIL TO CONSIDER AND REPORT ON THE APPROPRIATE MEASURES TO BE TAKEN TO RESOLVE THE PROBLEMS INVOLVED IN THE PROSECUTION AND TRIAL OF COMPLEX COMMERCIAL CRIMES, INCLUDING CHANGES IN THE PROCEDURES BEFORE AND DURING TRIAL AND THE MODE OF TRIAL.

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